1 ) What is an F .I.R ?
Ans : F.I.R. means First Information Report, made to police, about commission of a cognizable offence. In effect, it amounts to putting law in to motion by giving information relating to the commission of a cognizable offence to an officer in charge of a police station, (which shall be reduced into writing and read over to the informant ) and shall be signed by the person giving such information. It is mandatory to give a copy of the first information report (as recorded by police) to the informant free of cost.
2) How do I lodge F.I.R. ?
NOTE: When you file a FIR, be very specific. Don't forget to take a copy of the FIR.
3) Registration of FIR in case of Women .
Ans : No technicality should be allowed to come in the way of prompt registration of offences against women. As soon as information about such offences is received, FIR must be recorded in accordance with the provisions of Sec 154CrPC. FIR, being an important document should be drawn up with greatest care and caution, incorporating all material information / facts which are directly connected with the crime or are likely to form important evidence. The victim can lodge FIR in any police station of the State and subsequently it can be transferred to the concerned PS for investigation. Proviso to Section 154 Cr.P.C. provides that information pertaining to offences given by woman victims shall be recorded by a woman Police Officer or any woman officer.
In this Connection Police Circular Order343/13 regarding standard operating procedure (SOP) for registration of FIR and Investigation of Crime against Women & Police Circular Order 338/13 regarding prompt investigation of cases in case of women have been issued.
4) What is a cognizable case or What is cognizable offence ?
Ans : A cognizable case means a case in which a police officer may, in accordance with the First Schedule of Cr.P.C (1973), or under any other law for the time being in force, arrest without warrant.
5 ) What is the meaning of the term 'taking cognizance'?
Ans: The term 'taking cognizance' has not been defined in Code of Criminal Procedure. When any Magistrate cognizance under section 190 (1) (a) Cr.P .C., he must not only have applied his mind to the contents of the petition but he must have done so for the purpose of proceeding in a particular way as per procedure prescribed in the Cr.P.C., and there after sending the complaint for further enquiry. A magistrate can also order investigation under section 156(3) of Cr.P.C.
6) What is a Non cognizable offence ?
Ans : Non cognizable offence means in which a police officer has no authority to arrest without warrant.
7 ) How do I lodge a NC complaint ?
Ans : Information about such offences is to be given in a similar manner as explained under F .I.R.. The officer-in-Chargewould reduce the complaint in writing (about commission of Non cognizable offence) and give a copy there of to the complainant free of cost. No police officer can investigate a non-cognizable case unless he obtains prior permission of Magistrate having power to try such case.
8) What is meant by a 'complaint' ?
Ans : Complaint means any allegation made orally or in writing to a Magistrate, with a view to his taking action under code of criminal procedure (1973), that some person (whether known or unknown), has committed an offence.
In case of non-cognizable offences ,police do not have a right to investigate the complaint without the orders of the court. Station Diary entry will , however, be made for any such complaint & further enquiry shall be conducted.
If the complaint about a cognizable offence is not being registered at the P.S. level you can meet the superior officers.